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HomeMy WebLinkAbout94-02634 ~I ,~ - . 7:T M ..9 <lJ . .~~'~--~~~~~_~_~ro_____*-)~'~:_:'_.____~:_:.. ~ --- ...--- ~ '.' ? .', ~ ~ IN THE COURT OF COMMON PLEAS ~ '.' ~ '.' OF CUMBERLAND COUNTY ~ STATE OF . PENNA. ,', ~ ~ '.' i '.' ~ ~ JOHN FRANCIS DOUGHERTY q ~ N (), 9.~~.2.~~,4......,.. Civil 1994 ~ ... ~ '.' Vel'~u:; ~ SUSAN O'HARA DOUGHERTY ....... I , , ~ i '.' .' w '.' w '.' DECREE IN AND NOW.j~/~~~ l~q~.;1 ;,o,d.,.d and decreed that ......... .~~~~ .~~~~~ .~~~~~~~~: . . . . . . . . . . . . . . . . " plaintiff, and. . . . . . . . . . . . . . . . . . . ~~~~. ~.'~~. ~~~~~~~!:. . . . . . . . . . . . . . . '. defendant, are divorced from the bonds of matrimony. ~ Wl .. w ~.' .. i '.' W ~.' ~ ~.' ~ '.' i '.' i '.' The court retains jurisdiction of the following claims which have been raised of record in this action for which a final order has not yet been entered; ~ ,., <:' Prothonotary ~ NONE. ........................................ . .. 0'....... w '.' i '.' ~ ~ ..' n y ~ <:' i ~.' Allest: ~t~ ,k'. ~ / YJH ~ ~ ~ ~ r. .- -. .- -. '. .:',. .~" .:it',. ..... ..... ..... ~ ~ ~ i '.' i '7 *- ',' i '.~ ,'~ :, ~ ~ '7 ,', ~ ~ .' ~ '.' ~ ,.. ~ ,'~ ~ ~ !~ ,', ~ ,0. ~ ~ '7 ~ $ w '.' ~ '.' ~ '.~ i ... ~ $ lw ", . . i,., ,..- I: \~ >'" I~ , !'~ ~ ;',- j~ J. ;~ ~ '$i , . ~ ...,.......~~.- -:+:. .:+;. .:+:-'.:.;-, ::~;;. .:+:. -.:.:- .:+;. .:+:. .:+;. .:.:.'.:.:. .:+;. '.:+:. ::0-:' -.:.;. .:+:. .:+:. .:.:. .:.:. .:.:. '~ . 7fj~l /1ag,/ 7/;0l/9V IH THE COURT OF COlOfON PLEAS 01" CUHBBRLAHD COUNTY, PBHNSYLVARIA VB. I I I I I I No. 94-2634 Civil JOHN FRANCIS DOUGHERTY, Plaintiff In Divorce SUSAN O'HARA DOUGHERTY, Defendant PRAECIPE TO TRANSMIT RECORD To the Prothonotary I Transmit the record, together with the following information, to the court for the entry of a divorce decreel 1. Grounds for divorce I irretrievable breakdown under Section 3301 (d)(l) of the Divorce Code. 2. Date and manner of service of the complaint I Acceptance of Service executed by the defendant on Hay 18, 1994. 3. Date of execution of the plaintiff's affidavit required by Section 3301 (d) of the Divorce Codel Hay 17, 1994. 4. Date of service of plaintiff's affidavit upon the defendant I Hay 18, 1994. 5. Related claims pending I None. 6 . Date and manner of service of the Notice of Intention to Request Entry of Divorce Decree: Acceptance of Service executed by the Defendant on June 15, 1994 (a copy of the Notice is attached as Exhibit "AJ" the Acceptance of Service is attached as Exhibit "B"). Dated: July R' ' 1994 o Francis Plaintiff 241 Walnut Bottom Road Carlisle, PA 17013 (717) 731-7083 . IN THE COURT OF COMMON PLEAS OF CUMBBRLAND COUNTY, PENNSYLVANIA q4-J~3ll (ivl'l T'::11Y"l JOHN FRANCIS DOUGHERTY, No. Civil 1994 Plaintiff vs. In Divorce SUSAN O'HARA DOUGHERTY, Defendant NOTICB TO DBFBND AND CLAIM RIGHTS You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so the case may proceed without you and a decree of divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim for relief or property or other rights important to you, including custody or visitation of your children. When the grounds for the divorce is indignities or irretrievable breakdown of the marriage you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at: Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 IF YOU DO NOT FILE A CLAIK FOR ALIMONY, DIVISION OF PROPBRTY, LAWYER'S FBBS OR BXPBNSBS BBFORE A DIVORCB OR ANNOLHBNT IS GRANTED, YOU HAY LOSB THE RIGHT TO CLAIK ANY OF THBH. YOU SHOULD TAKE THIS PAPBR TO A LAWYER AT ONCB. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICB SBT FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Court Administrator Cumberland County Courthouse Fourth Floor 1 Courthouse Square Carlisle, PA 17013 (717) 240-6200 . . IN THE COURT OF COHHON PLEAS OF CUMBERLAND COUN'l'Y, PENNSYLVANIA 'l~ . J, fe .3~ Civil 1994 JOHN FRANCIS DOUGHERTY, Plaintiff : No. . . vs. . . In Divorce . . SUSAN O'HARA DOUGHERTY, Defendant : . . COMPLAINT UNDER SBCTION 3301ld) OF THE DIVORCB CODB Plaintiff, John Francis Dougherty, pro se, respectfully represents: 1. Plaintiff is John Francis Dougherty, who presently resides at 241 Walnut Bottom Road, Carlisle, Cumberland County, Pennsylvania 17013. 2. Defendant is Susan O'Hara Dougherty, who presently resides at 243 West Pomfret Street, CarliSle, Cumberland County, Pennsylvania 17013. 3. The parties have been bona fide residents of the Commonwealth of Pennsylvania for a period in excess of six (6) months immediately preceding the filing of this Complaint. 4 . The parties were married on October 8, 1982 at Mechanicsburg, Cumberland County, Pennsylvania. 5. There has been no prior action of divorce or annulment between the parties, 6. The marriage is irretrievably broken. The Plaintiff has been advised of the availability and that he may have the right to request that the the parties to participate in counseling. 7. of counseling Court require I . COUNT ONE The preceding averments are herein included as if more fully set forth. 9. The parties have continuously lived separate and apart since April 29, 1992, in excess of two years. WHEREPORE, Plaintiff requests that the Court, pursuant to Section 3301(d) of the Divorce Code, enter a decree of divorce. ?l/:::i~: o JOh~nCis Dougherty7 Attorney ID No. 52684 241 Walnut Bottom Road Carlisle, PA 17013 (717) 731-7083 , . VERIFICATION I, John Francis Dougherty, Plaintiff in the foregoing complaint, verify that the statements contained in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties at 18 Pa.C.S. 54904 relating to unsworn falsification to authorities. Dated I"'" /~ IffY IN THE COURT OF COHHON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOHN FRANCIS DOUGHERTY, . No. 94-2634 Civil . plaintiff . . vs. . In Divorce . : SUSAN O'HARA DOUGHERTY, . . Defendant . . NOTICE OF INTENTION TO REOUEST ENTRY OF DIVORCE DECREE To: Susan O'Hara Dougherty 243 West Pomfret Street Carlisle, PA 17013 You have been sued in an action for divorce. You have failed to answer the Complaint or file a counter-affidavit (see attached) to the plaintiff'S affidavit. Therefore, on or after July 6, 1994 the Plaintiff can request the Court to enter a final decree in divorce. If you do not file with the prothonotary of the court an answer with your signature notarized or verified or a counter- affidavit by the above date, the court can enter a final decree in divorce. Unless you have already filed with the court a written claim for economic relief, you must do so by the above date or the court may grant the divorce and you will lose forever the right to ask for economic relief. A copy of the counter-affidavit which you executed on Hay 18, 1994 is attached to this notice and the original will be filed with the prothonotary. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET HELP. Court Administrator Cumberland County Courthouse Fourth Floor 1 Courthouse Square Carlisle, PA 17013 (717) 240-6200 Dated: June 15"', 1994 , John Francis D 241 Walnut Bot om Road Carlisle, PA 17013 (717) 731-7083 Exhibit "A" JU! j 6 l12 .III '91/ r.':' .",(, ~ . .~ r ... .... IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOHN FRANCIS DOUGHERTY, . No .rf-76'3'~ivil 1994 . Plaintiff . . vs. : In Divorce . . SUSAN O'HARA DOUGHERTY, . . Defendant . . DEFENDANT'S COUNTER-AFFIDAVIT UNDER SECTION 3301(d) OF THE DIVORCE CODE or (b): I do not oppose the entry of a divorce decree. I oppose the entry of a divorce decree because (check (i), (ii) or both): The parties to this action have not lived separate and apart for a period of at least two (2) years. The marriage is not irretrievably broken. or (b): I do not wish to make any claims for economic relief. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses or other important rights if I do not claim them before a divorce is granted. (b) I wish to claim economic relief which may include alimony, division of property, lawyer's fees or expenses or other important rights. I verify that the statements made in this counter- affidavit are true and correct. I understand that false statements made herein are made subject to the penalties of 18 Pa.C,S. S4904 relating to unsworn falsification to authorities. . .., Dated: /~ /J; /fy9' herty NOTICE: If you do not wish to oppose the entry of a divorce decree and you do not wish to make any claim for economic relief, you need not file this counter-affidavit. . . .... IN THE COURT OF COMMON PLEAS OF CUHBERLAND COUNTY, PENNSYLVANIA JOHN FRANCIS DOUGHERTY, Plaintiff No. 94-2634 Civil vs. In Divorce SUSAN O'HARA DOUGHERTY, Defendant ACCBPTANCB OF SBRVICB I, Susan O'Hara Dougherty of 243 West Pomfret Street, CarliSle, PA, Defendant in the above-captioned matter, hereby accept service of the plaintiff's Notice of Intention to Request Entry of Divorce Decree and attached copy of Defendant's Counter- Affidavit Under S3301(d) of the Divorce Code, as executed by me on Hay 18, 1994. Dated: &/15/7<; Exhibit "B" IN THE COURT OF COMMON PLEAS OF CUMBBRLAND COUN'l'Y, PENNSYLVANIA JOHN FRANCIS DOUGHBRTY, Plaintiff I I No. 'I'I-).,!,1/Civil 1994 vs. . . In Divorce I SUSAN O'HARA DOUGHBRTY, Defendant . . . . ACCBPTANCB OF SBRVICB I, Susan O'Hara Dougherty of 243 West Pomfret Street, Carlisle, Cumberland County, PA 17013, Defendant in the above- captioned matter, hereby accept service of the Complaint in Divorce and Plaintiff's Affidavit on this /~ay of Hay, 1994. IN THE COURT OF COHMON PLEAS OF CUHBBRLAND COUN'.l'Y, PBHNSYLVANIA 91./- ;';'u3LI C.'IIII TUM No. Civil 1994 . . JOHN FRANCIS DOUGHERTY, Plaintiff . . vs. . . In Divorce SUSAN 0' HARA DOUGHERTY. Defendant . . . . . . NOTICB TO THE DBFBNDANT If you wish to deny any of the statements set forth in this affidavit, you must file a counter-affidavit within twenty (20) days after this affidavit has been served on you or the statements will be admitted. PLAINTIFF'S AFFIDAVIT UNDBR SBCTION 3301(d) OF THE DIVORCB CODB 1. The parties to this action separated on April 29, 1992 and have continued to live separate and apart for a period of at least two (2) years. 2. The marriage is irretrievably broken. 3. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 54904 relating to unsworn falsification to authorities. Dat.d~/1t /1 /??y I -::r en ::c --.: ~ N cO '::>- ~.- 4"~ I" t.- .... ~.."- -: ~. ~~ ~~ :'; " = - ., = IN TUB COURT OF COMMON PLEAS OF CUMBBRLAND COUNTY, PENNSYLVANIA JOHN FRANCIS DOUGHERTY, ; NO.~,1bS~ivn 1994 Plaintiff . . VS. . In Divorce . . . SUSAN O'HARA DOUGHERTY, . . Defendant ; DBFBNDANT'S COUNTER-AFFIDAVIT UNDBR SBCTION 3301(d) OF TUB DIVORCB CODB 1. Check either (a) or (b): I do not oppose the entry of a divorce decree. I oppose the entry of a divorce decree because (check (i), (ii) or both): The parties to this action have not lived separate and apart far a period of at least two (2) years. The marriage is not irretrievably broken. ~ (a) (b) (i) (il) 2. Check either (a) V-- (a) or ( b) : I do not wish to make any claims for economic relief. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses or other important rights if I do not claim them before a divorce is granted. (b) I wish to claim economic relief which may include alimony, division of property, lawyer's fees or expenses or other important rights. I verify that the statements made in this counter- affidavit are true and correct. I understand that false statements made herein are made subject to the penalties of 18 Pa.C.S. S4904 relating to unsworn falsification to authorities. Dated:.I~ /J; /f?/j' herty NOTICE: If you do not wish to oppose the entry of a divorce decree and you do not wish to make any claim for economic relief, you need not file this counter-affidavit. -=- CD7J> .- .~: .--:. :IE:: ..,." o .-. CO .. .. -, z -~ '. -' JOBH PRAHCIS DOOGBBR'l'Y, Plaintiff In Divorce , C" ,...: IN '.rBB COURT OF COlIHON PLEAS OF C1DIBBRLAHD COOH'l'Y, PBHHSYLVABIA VS. I I I No. 94-2634 Civil . . ~-, . SOSAH O'HARA DOOGBBR'l'Y, Defendant I I 0.:' !.:.. ". AFFIDAVIT OF NOHMILITARYSBRVICB ':P - John Francis Dougherty, plaintiff herein, states and affirms that Susan O'Hara Dougherty, Defendant herein, is not in the military service of the united States of America, or any State or Territory thereof, or its allies, and is in no wise subject to the provisions of the Soldiers' and Sailors' Civil Relief Act of 1940. On the contrary, the defendant is self-employed and resides at 243 West Pomfret Street, Carlisle, Cumberland County, Pennsylvania. I, John Francis Dougherty, verify that the statements made in this Affidavit are true and correct. I understand that false statements made herein are made subject to the penalties at 18 P.S. 54904 relating to unsworn falsification to authorities. Dated: JU1Y!l ' 1994 (j/ . John rancis Do plaintiff 241 Walnut Bottom Road Carlisle, PA 17013 (717) 731-7083 ?~ ~ cD .' a:. - ~; ,- -;.. ~ " , So -""., t,~., IN THE COURT OF COHMON PLEAS OF CUMBERLAND COOH'1'Y, PENNSYLVANIA JOHN FRANCIS DOUGHERTY, I No. 94-2634 Civil Plaintiff I vs. I In Divorce . . SUSAN 0' HARA DOUGHERTY, . . Defendant . . , , NOTICE OF ELECTION TO RESUME PRIOR NAME " - Notice is hereby given that a Divorce Decree having been entered in the above captioned on the /;)7"}... day of ~ ' 1994 that the defendant, Susan O'Hara Dougherty elects 0 r sume the prior surname of O'Hara and to be hereafter known as Susan Frances O'Hara\~ ,. .:.loo J'C /5u~an""'~(Hai'a DoCrty --.... -............ , , , .../ Before me, a Notary Public, personally appeared Susan O'Hara Dougherty, who is known to me and whose signature above was affixed in my presence. IN WITNESS WHEREOF, I have hereunto set my hand and Heal. C;;:;v ,/~L Notarial Seal Public TracY L. Finkenbinder. 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